Petition to the court to terminate a criminal case for reconciliation of the parties, 2021, 2022 - Statements of claim, complaints, petitions, claims

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Federal Judge (insert name of court)

Full Name

Residence address

Petition

In a criminal case initiated on the grounds of a crime under Part ___ Art. ___The Criminal Code of the Russian Federation, according to which I am the victim, the accused (last name, first name, patronymic), the material and moral damage caused to me by illegal actions is compensated in full. I have no complaints against the accused (last name, first name, patronymic), I have reconciled with the accused.

I ask that the criminal case initiated on the grounds of a crime under Part___ Art.___ of the Criminal Code of the Russian Federation in relation to (last name, first name, patronymic) be terminated pending reconciliation of the parties.

Date Signature

Download the document “Petition to the court to terminate a criminal case for reconciliation of the parties”

Reconciliation with the victim in court: circumstances subject to mandatory clarification

The victim plays a decisive role in reconciliation. First of all, it is his expression of will, assessment of the deed and the identity of the one who committed the crime that matters.

The court is obliged to find out:

whether the statement was written by the victim;
whether the application was written voluntarily;
how he is compensated for the harm;
will explain the consequences of termination of the case.

A necessary condition for the termination of a criminal case is the fact of making amends for the harm caused to the victim.

By virtue of Art. 25 of the Code of Criminal Procedure of the Russian Federation, one of the conditions for terminating prosecution in connection with the reconciliation of the victim with the accused is the latter making amends for the harm caused.

This circumstance can be expressed in compensation to the victim for expenses incurred in connection with the crime, compensation for damage. In this case, compensation or elimination of harm must be at least equivalent.

The court is obliged to find out how and to what extent the damage is compensated. The case must contain materials confirming this circumstance.

At the time of making a court decision, the harm caused to the victim must be made up for. As stated above, a promise to compensate for future damages does not meet the requirements of the law. In this case, the proceedings cannot be terminated.

We recommend! Criminal liability for the crime committed

The court may find that making amends for the harm caused in the form of an apology is not equivalent. Elimination of damage caused to the victim may be expressed in compensation for expenses incurred by him in connection with the crime.

Within the meaning of Art. 25 of the Code of Criminal Procedure of the Russian Federation, compensation or elimination of harm must be adequate to the negative consequences caused. Making amends in the form of an apology when the actions of the defendant caused harm to health of varying degrees is not adequate.

The file must contain information about financial assistance during treatment.

The victim may demand compensation for both material and moral damage, which can be compensated in monetary terms. If the victim is not satisfied with compensation for harm, the perpetrator cannot be released from criminal liability.

Following reconciliation with the victim, cases in which an infringement was made on the property rights and interests of a legal entity may be terminated. Only if all the above conditions are met can the criminal case be terminated due to reconciliation with the victim.

The court is obliged to explain to the victim his right to reconciliation with the defendant in cases provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.

Consent of the accused in the case

Reconciliation requires the consent of the accused (Part 2 of Article 27 of the Code of Criminal Procedure of the Russian Federation). To terminate a criminal case on this basis, it is necessary that the accused agrees with this. If the latter objects, termination of the case is not permitted and proceedings continue as usual.

The law gives the court the right to terminate the case in connection with the reconciliation of the parties, but does not oblige it. Release from criminal liability in connection with reconciliation with the victim is a right, not an obligation of the court.

This conclusion follows from the content of Art. 76 of the Criminal Code of the Russian Federation and Art. 25 of the Code of Criminal Procedure of the Russian Federation, which indicates the possibility of such termination (the words “right” and “may” are used accordingly).

Prosecutor's opinion

The position of the public prosecutor on the issue of reconciliation is only the opinion of a participant in the trial.

The court must take into account the opinion of the public prosecutor along with the opinion of other participants when resolving the victim’s request to terminate the criminal case. The law does not make the resolution of this issue dependent on the position of the public prosecutor.

The consent of the public prosecutor to reconciliation is not a refusal of the prosecution, which entails the unconditional termination of the criminal case, and an objection to the satisfaction of the victim’s request is a basis for continuing the trial.

Algorithm for the reconciliation procedure

In order for a criminal, civil or administrative case to be terminated upon reconciliation of the parties, a number of sequential steps must be completed:

note

If there are reasons that the court considers valid, the person guilty of the crime is given a deferment of execution of the sentence or serving the sentence. For example, women who have a young child are given a deferment until the child reaches the age of majority. Read more in this article

the parties come to a consensus on reconciliation;
after this, the parties to the conflict draw up an agreement on the amount and timing of repayment of the material and moral damage caused to the victim, about which a written obligation is drawn up and notarized. Another option is for compensation to be paid to the injured party by the relatives of the perpetrator. In any case, compensation must be supported by documents, i.e. receipts, bank statements, checks, etc.;
then the injured party to the conflict or its legal representative writes a statement of reconciliation. You can read more about filling out an application in the next subsection of the article;
the application is submitted to the authority that has jurisdiction over the case at the time of reconciliation. For example, if reconciliation took place during the period when an inquiry into the case was being conducted, then the application is submitted to the investigator, if during the investigation, then to the investigator, if at the trial (but before a decision is made), then to the judge of the given process. Statistics of judicial practice on reconciliation of parties indicate that the largest number of terminations of cases in connection with these circumstances occur during reconciliation during the trial;
The inquirer or investigator cannot independently make a decision to terminate the case due to reconciliation.
Therefore, they officially convey information about the reconciliation of the parties to their immediate superiors. It is at this level that a decision is made as to whether the case can be closed. If the decision of the court, prosecutor's office, or investigative committee is positive, the case is closed. Information about this is brought to the attention of the parties to the conflict. If, at the investigation stage, the authorized officials considered that the case cannot be dismissed, then the application for reconciliation can be submitted a second time at the trial stage;
the perpetrator of the offense (if he was not the initiator of the peace agreement) must be informed of the victim’s intention to reconcile. The perpetrator of the incident has the right to refuse reconciliation, thereby retaining the right to be acquitted of this crime. In the event of an acquittal, even the mention of the fact of involvement in a specific case is removed from the perpetrator.

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Conditions for terminating a criminal case upon reconciliation between the accused and the victim

The criminal law of the Russian Federation provides for the possibility of terminating a criminal case for fraud in connection with the reconciliation of the parties. This provision is enshrined in Art. 76 of the Criminal Code of the Russian Federation, and the procedure and bodies authorized for this are provided for in Art. 25 Code of Criminal Procedure of the Russian Federation.

A criminal case can be terminated either by the court or by the investigator with the consent of the head of the investigative body, as well as by the investigator with the consent of the prosecutor.

The legislator has established an exhaustive list of requirements necessary for the reconciliation of the parties

bringing a person to criminal responsibility for the first time;
the person has committed a crime of minor or medium gravity;
mandatory reconciliation between the accused and the victim and reparation of the harm caused.

A person is recognized as having committed a crime for the first time, provided that he was not prosecuted at all or was released from criminal liability for the crime committed or was previously convicted, but the criminal record was withdrawn or expunged in the manner prescribed by law.

In accordance with Art. 15 of the Criminal Code of the Russian Federation, crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Crimes of medium gravity are recognized as intentional acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Reconciliation between the accused and the victim is a bilateral act. The initiative must come from the guilty person and be accompanied by reparation for the damage caused to the victim. It is important that this happens voluntarily and legally.

Making amends means eliminating the negative consequences that have occurred.:

compensation to the victim for the damage caused;
compensation for moral damage;
making an apology.

Compensation for damage and reparation of harm can be carried out not only by the person who committed the crime, but also at his request by other persons, if the perpetrator does not have a real opportunity to perform these actions.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. We recommend! How to draw up and conclude a settlement agreement during divorce and division of property in court + sample

More than 19 years of experience. Ask a question

Note! Promises, as well as various kinds of obligations of the person who committed the crime, to make amends for harm in the future, regardless of whether he has an objective opportunity to fulfill them, are not circumstances that give grounds for releasing him from criminal liability.

Thus, if you provide a settlement agreement in a criminal trial between the victim and the accused, who promises to compensate for the harm in the future, then it will not be accepted by the court and will be rejected.

The victim or his legal representative must express a desire to terminate the proceedings in connection with the reconciliation of the parties, which is set out in the application. The guilty person, in turn, must agree to this on the specified basis.

If a crime is committed by several persons, only those who have reconciled with the victim and made amends for the harm caused to him can be released from criminal liability.

If several victims suffered as a result of a crime, then the lack of reconciliation with at least one of them prevents the person from being released from criminal liability for this act on the basis of Article 76 of the Criminal Code of the Russian Federation.

It should be noted that the release of a person from criminal liability in connection with the reconciliation of the parties is not a rehabilitative basis. That is, in this case, the presence of corpus delicti in the act is confirmed, and therefore this fact does not entail rehabilitation.

Grounds and conditions for the possibility of reconciliation

Reconciliation of the parties is possible if a set of conditions are met:

Absence of serious consequences for the victim after the crime or offense occurred (Article 15, Part 2.3 of the Criminal Code of the Russian Federation). Crimes of minor and medium gravity include those for which the penalty does not exceed 2–5 years of imprisonment.
The victim and the accused agree to a peaceful resolution of the conflict.
This is the first time the offender has committed such actions. This means that the accused has not been previously convicted, or his criminal record has already been expunged by the time this case was initiated. For information on how to expunge a criminal record after serving your sentence, read the article here https://lexconsult.online/9100-ustanovlennye-zakonom-sroki-pogasheniya-snyatiya-sudimosti
The citizen who has violated the law has already compensated or has a notarized intention to compensate the victim for the material and moral damage caused. This means that the perpetrator does not necessarily have to pay the entire amount of material damage at once. The parties may agree on an installment plan. This obligation to pay in installments must be certified by a notary, otherwise it will not be taken into account by the court.

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Who can file a petition?

the right to file a request to terminate a criminal case in connection with reconciliation :

the injured party , who initially contacted law enforcement agencies with a statement about the commission of a crime, and, on the basis of which, a case was initiated;
a representative of a law enforcement agency , if a crime was committed against him;

Satisfying the motion to terminate the proceedings in this case is almost impossible.

representatives of social services (for example, guardianship authorities) in cases where the injured party is a minor and the child does not have parents.

Petition to the court to terminate the criminal case for reconciliation of the parties